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SBD 1 INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE DEPARTMENT OF PUBLIC SERVICE AND
ADMINISTRATION. BID NUMBER: DPSA004/2013 CLOSING DATE: 26 JULY 2013 CLOSING TIME: 11:00 DESCRIPTION: APPOINTMENT OF SERVICE PROVIDERS TO CONDUCT A FEASIBILITY STUDYON THE GOVERNMENT EMPLOYEES HOUSING SCHEME (GEHS).
T he successful bidder will be required to fill in and sign a written Contract Form (SBD 7). BID DOCUMENTS MAY BE POSTED TO: : THE DIRECTOR GENERAL, DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION PRIVATE BAG X 916, PRETORIA, 0001 OR DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS) 116 PROES STREET, BATHO PELE HOUSE, PRETORIA, CENTRAL Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration. The bid box is generally open 24 hours a day, 7 days a week. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (NOT TO BE RE-TYPED) THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT
THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)
NAME OF BIDDER ……………………………………………………………………………………………………………………… POSTAL ADDRESS …………………………………………………………………………………………………………………. STREET ADDRESS ………………………………………………………………………………………………………………… TELEPHONE NUMBER CODE……………NUMBER……………………………………………………………………………….. CELLPHONE NUMBER ………………………………………………………………………………………………………………… FACSIMILE NUMBER CODE ………… .NUMBER………………………………………………………………………………… E-MAIL ADDRESS …………………………………………………………………………………………………………………. VAT REGISTRATION NUMBER ………………………………………………………………………………………………………………… HAS AN ORIGINAL AND VALID TAX CLEARANCE CERTIFICATE BEEN SUBMITTED? (SBD 2) YES or NO HAS A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE BEEN SUBMITTED? (SBD 6.1) YES or NO IF YES, WHO WAS THE CERTIFICATE ISSUED BY? AN ACCOUNTING OFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA)…….…………….………………………… ………... A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION SYSTEM (SANAS); OR………………………………….… A REGISTERED AUDITOR ………………………………...……….. [TICK APPLICABLE BOX] (A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE) 1
2
ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS / SERVICES / WORKS OFFERED? YES or NO [IF YES ENCLOSE PROOF]
SIGNATURE OF BIDDER ……………………………………………………………………………………………………………….. DATE ……………………………………………………………………………………………………………….. CAPACITY UNDER WHICH THIS BID IS SIGNED …………………………………………………………………………………………………………………
TOTAL BID PRICE…………………………………… TOTAL NUMBER OF ITEMS OFFERED ………………………………… _____________________________________________________________________________________________________________________
ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO:
Department: Department of Public Service and Administration Contact Person: Lorraine/Fikile Tel: 012 336 1126/1216
ANY ENQUIRIES REGARDING TECHNICAL INFORMATION MAY BE DIRECTED TO: Contact Person: Ms R de Wit (in writing at [email protected]) Tel: NOTE: THERE WILL BE A COMPULSORY BRIEFING SESSION ON THE 17TH JULY 2013 @10H00,AT THE PROTEA HOTEL MANOR, C/O BURNETT & FESTIVAL STREET,HATFIELD,PRETORIA.
SBD 2
TAX CLEARANCE CERTIFICATE REQUIREMENTS
It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. 1 In order to meet this requirement bidders are required to complete in full the attached form TCC 001
“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids.
2 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year
from the date of approval. 3 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original
and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.
4 In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate
Tax Clearance Certificate. 5 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch
office nationally or on the website www.sars.gov.za. 6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,
taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za. Jeyrel:\Mdk416-SBD2 tax clearance
TCC 001 TAX CLEARANCE
Application for a Tax Clearance Certificate
Name/Legal name(Initials & Surname or registered name)
Surname
Particulars of applicant
Purpose
Particulars of representative (Public Officer/Trustee/Partner)
Trading name (if applicable)
First names
VAT registration no
Customs code
Income Tax ref no
Income Tax ref no
PAYE ref no
SDL ref no
UIF ref no
Page 1 of 2
ID/Passport no
ID/Passport no
Company/Close Corp. registered no
4
7
L
U
Telephone no
Telephone no
Physical address
Physical address
Postal address
E-mail address
E-mail address
Fax no
Fax no
C O D E
C O D E
N U M B E R
N U M B E R
C O D E
C O D E
N U M B E R
N U M B E R
If “Good standing”, please state the purpose of this application
Select the applicable option Tenders Good standing
Page 2 of 2
Particulars of the 3 largest contracts previously awarded
Particulars of tender (If applicable)
Audit
Date started
I the undersigned confirm that I require a Tax Clearance Certificate in respect of Tenders or Goodstanding.
I hereby authorise and instruct to apply to and receive from SARS the applicable Tax Clearance Certificate on my/our behalf.
Appointment of representative/agent (Power of Attorney)
Date finalised Principal Contact person Telephone number Amount
Name of representative/ agent
Name of applicant/ Public Officer
Signature of representative/agent
Signature of applicant/Public Officer
Date
Date
Expected duration of the tender
Estimated Tender amount
Are you currently aware of any Audit investigation against you/the company?If “YES” provide details
Tender number
R ,
year(s)
C C Y Y
C C Y Y
M M
M M
D D
D D
YES NO
Notes:
1. It is a serious offence to make a false declaration.
2. Section 75 of the Income Tax Act, 1962, states: Any person who
(a) fails or neglects to furnish, file or submit any return or document as and when required by or under this Act; or
(b) without just cause shown by him, refuses or neglects to-
(i) furnish, produce or make available any information, documents or things;
(ii) reply to or answer truly and fully, any questions put to him ...
As and when required in terms of this Act ... shall be guilty of an offence ...
3. SARS will, under no circumstances, issue a Tax Clearance Certificate unless this form is completed in full.
4. Your Tax Clearance Certificate will only be issued on presentation of your South African Identity Document or Passport (Foreigners only) as applicable.
Declaration
I declare that the information furnished in this application as well as any supporting documents is true and correct in every respect.
SBD 3.3 PRICING SCHEDULE (Professional Services)
NAME OF BIDDER: ………………………………………………………………………………………………BID NO.: DPSA004/2013 CLOSING TIME 11:00 CLOSING DATE… 26/07/2013 OFFER TO BE VALID FOR 90 DAYS FROM THE CLOSING DATE OF BID. DESCRIPTION: APPOINTMENT OF SERVICE PROVIDERS TO CONDUCT A FEASIBILITY STUDY ON THE GOVERNMENT EMPLOYEES HOUSING SCHEME (GEHS) BID PRICE IN RSA CURRENCY **(ALL APPLICABLE TAXES INCLUDED) 1. The accompanying information must be used for the formulation of proposals. 2. Bidders are required to indicate a ceiling price based on the total estimated time for completion of all phases and including all expenses inclusive of all applicable taxes for the project. R………..…………………………………………………... 3. PERSONS WHO WILL BE INVOLVED IN THE PROJECT AND RATES APPLICABLE (CERTIFIED INVOICES MUST BE RENDERED IN TERMS HEREOF) 4. PERSON AND POSITION HOURLY RATE DAILY RATE -------------------------------------------------------------------------------------- R------------------------------ --------------------------------- -------------------------------------------------------------------------------------- R------------------------------ --------------------------------- -------------------------------------------------------------------------------------- R------------------------------ --------------------------------- -------------------------------------------------------------------------------------- R------------------------------ --------------------------------- -------------------------------------------------------------------------------------- R------------------------------ --------------------------------- 5. PHASES ACCORDING TO WHICH THE PROJECT WILL BE COMPLETED, COST PER PHASE AND MAN-DAYS TO BE SPENT ------------------------------------------------------------------------------- R------------------------------ -------------------------- days ------------------------------------------------------------------------------- R------------------------------ -------------------------- days ------------------------------------------------------------------------------- R------------------------------ -------------------------- days ------------------------------------------------------------------------------- R------------------------------ -------------------------- days 5.1 Travel expenses (specify, for example rate/km and total km, class of airtravel, etc). Only actual costs are recoverable. Proof of the expenses incurred must accompany certified invoices. DESCRIPTION OF EXPENSE TO BE INCURRED RATE QUANTITY AMOUNT -------------------------------------------------------------------------------- ………………. …………….. R……………….. -------------------------------------------------------------------------------- ………………. …………….. R……………….. -------------------------------------------------------------------------------- ………………. …………….. R……………….. -------------------------------------------------------------------------------- ………………. …………….. R………………..
Bid No.: ……………………………………
Name of Bidder: …………………………………………………………………………………………………………………….
-2-
** ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance contributions and skills development levies.
.2
star hotel, bed and breakfast, telephone cost, reproduction cost, s will be checked
for correctness. Proof of the expenses must accompany invoices.
---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- ………………. …………….. R………………..
t after acceptance of bid ……………………………………………………………….
ated man-days for completion of project ……………………………………………………………….
.
or the full period, provide details of the basis on which s will be applied for, for example consumer price index.
………………………………………………………………. ……………………………………………………………….
5 Other expenses, for example accommodation (specify, eg. Three etc.). On basis of these particulars, certified invoice DESCRIPTION OF EXPENSE TO BE INCURRED RATE QUANTITY AMOUNT ---------------------------------------------------------------------------------- ………………. …………….. R……………….. ---------------------------------------------------------------------------------- ………………. …………….. R……………….. ………………. …………….. R……………….. TOTAL: R…………………………………………………. 6. Period required for commencement with projec 7. Estim 8 Are the rates quoted firm for the full period of contract? *YES/NO 9. If not firm f adjustment ………………………………………………………………. ………………………………………………………………. *[DELETE IF NOT APPLICABLE]
ANNEXURE B SBD 4
DECLARATION OF INTEREST
1. Any legal person, including persons employed by the state¹, or persons having a
kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-
- the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a
relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.
2. In order to give effect to the above, the following questionnaire must be
completed and submitted with the bid. 2.1 Full Name of bidder or his or her representative: …………………………………. 2.2 Identity Number:………………………………………………………………………... 2.3 Position occupied in the Company (director, trustee, shareholder², member):
……………………………………………………………………………………………… 2.4 Registration number of company, enterprise, close corporation, partnership
agreement or trust: ………………………………………………………………………..………….…………
2.5 Tax Reference Number:
……………………………………………………………………………………… 2.6 VAT Registration Number:
……………………………………………………………………………….... 2.6.1 The names of all directors / trustees / shareholders / members, their individual
identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below.
¹“State” means – (a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning
of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity;
(c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. ²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or
business and exercises control over the enterprise. 2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 2.7.1 If so, furnish the following particulars:
Name of person / director / trustee / shareholder/ member: ……………………… Name of state institution at which you or the person connected to the bidder is employed : ……………………………………… Position occupied in the state institution: ………………………………………… Any other particulars: ………………………………………………………………
……………………………………………………………… ………………………………………………………………
2.7.2 If you are presently employed by the state, did you obtain YES / NO
the appropriate authority to undertake remunerative work outside employment in the public sector?
2.7.2.1 If yes, did you attach proof of such authority to the bid YES / NO
document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.
2.7.2.2 If no, furnish reasons for non-submission of such proof:
……………………………………………………………………. ……………………………………………………………………. …………………………………………………………………….
2.8 Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?
2.8.1 If so, furnish particulars:
………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………...
2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who
may be involved with the evaluation and or adjudication of this bid? 2.9.1 If so, furnish particulars.
……………………………………………………………... …………………………………………………………..….
………………………………………………………………
2.10 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between
any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?
2.10.1 If so, furnish particulars.
……………………………………………………………… ……………………………………………………………… ………………………………………………………………
2.11 Do you or any of the directors / trustees / shareholders / members YES/NO
of the company have any interest in any other related companies whether or not they are bidding for this contract?
2.11.1 If so, furnish particulars: ……………………………………………………………………………. ……………………………………………………………………………. …………………………………………………………………………….
3 Full details of directors / trustees / members / shareholders.
Full Name Identity Number
Personal Income Tax Reference Number
State Employee Number / Persal Number
4 DECLARATION
I, THE UNDERSIGNED (NAME)………………………………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………….. ..…………………………………………… Signature Date …………………………………. ……………………………………………… Position Name of bidder
November 2011
SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
PROCUREMENT REGULATIONS 2011
mation and ased Black Economic
mpowerment (B-BBEE) Status Level of Contribution
NB: OF B-BBEE, AS PRESCRIBED IN THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2011.
This preference form must form part of all bids invited. It contains general inforserves as a claim form for preference points for Broad-BE
BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT
1. GENERAL CONDITIONS 1.1 he f
-
- ystem for requirements with a Rand value above R1 000 000 (all applicable taxes
R1 000 000 (all applicable taxes included) and therefore the 90/10 system shall be applicable.
.3 Preference points for this bid shall be awarded for:
.3.1
.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION …………...
1.4
1.5. ly, to substantiate any claim in regard to preferences, in any manner required by the
purchaser.
T ollowing preference point systems are applicable to all bids:
the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes included); and the 90/10 sincluded).
The value of this bid is estimated to exceed
1
(a) Price; and (b) B-BBEE Status Level of Contribution.
1 The maximum points for this bid are allocated as follows:
POINTS
1.3.1.1 PRICE ………… .. 1 otal points for Price and B-BBEE must not exceed 100
Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be
T
interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.
The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequent
2
2. DEFINITIONS ..1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance
2.2 mic Empowerment Act;
based ce on
s of section 9(1) of the Broad-Based Black Economic Empowerment Act;
ipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised
.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic
.6 “comparative price” means the price after the factors of a non-firm price and all unconditional
of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;
2.8 2.9 .10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase or
uty, ly has an
e
ermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or
other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder;
2.14 “ ” means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties;
loying, of the
t;
sed
Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February
2 fund contributions and skills development levies;
“B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Econo
2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity
on its overall performance using the relevant scorecard contained in the Codes of Good PractiBlack Economic Empowerment, issued in term
2.4 “bid” means a written offer in a prescribed or st
competitive bidding processes or proposals; 2 Empowerment Act, 2003 (Act No. 53 of 2003);
2 discounts that can be utilized have been taken into consideration; 2.7 “consortium or joint venture” means an association of persons for the purpose
“contract” means the agreement that results from the acceptance of a bid by an organ of state;
“EME” means any enterprise with an annual total revenue of R5 million or less .
2decrease resulting from the change, imposition, or abolition of customs or excise duty and any other dlevy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrabinfluence on the price of any supplies, or the rendering costs of any service, for the execution of thcontract;
2.11 “functionality” means the measurement according to predet operating, taking into account, among
2.12 “non-firm prices” means all prices other than “firm” prices;
2.13 “person” includes a juristic person;
rand value
2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or empanother person to support such primary contractor in the execution of part of a project in termscontrac
2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Ba 2007;
3
.17 “trust” means the arrangement through which the property of one person is made over or be
.18 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in
order for such property to be administered for the benefit of another person.
een brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;.
st be rounded off to the nearest 2 decimal places.
ave scored equal total points, the successful bid must be the one scoring the highest number of preference points for B-BBEE.
.5 However, when functionality is part of the evaluation process and two or more bids have essful bid must be the one scoring the highest score for functionality.
drawing of lots.
4.
4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
A maximum of 80 or 90 points is allocated for price on the following basis:
90/10
2 queathed to a trustee to administer such property for the benefit of another person; and
2 3. ADJUDICATION USING A POINT SYSTEM 3.1 The bidder obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have b
3.3 Points scored mu 3.4 In the event that two or more bids h 3 scored equal points including equal preference points for B-BBEE, the succ 3.6 Should two or more bids be equal in all respects, the award shall be decided by the
POINTS AWARDED FOR PRICE
80/20 or
⎟⎞
⎜⎛ −−=
min180 PPtPs or ⎠⎝ minP
⎟⎠⎞
⎜⎝⎛ −−=
minmin190
PPPtPs
Where
Pt = Comparative price of bid under consideration
Pmin = Comparative price of lowest acceptable bid
5. P tatu on 5.1 In terms (2) and 6 (2) o ocurement rence points must
be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:
Ps = Points scored for comparative price of bid under consideration
oints awarded for B-BBEE S
of Regulation 5
s Level of Contributi
f the Preferential Pr Regulations, prefe
4
B-BBEE Status Level of Contributor
Number of points (90/10 system)
Number of points (80/20 stem)
sy
1 10 20
2 9 18
3 8 16
4 5 12
5 4 8
6 3 6
7 2 4
8 1 2
Non-compliant 0 contributor
0
5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an
NAS or a
an unincorporated submits their consolidated B-BBEE scorecard as if they were a group
structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.
.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in orecard contained in the B-BBEE Codes of Good Practice.
-con e
c s
Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SARegistered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.
5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or
d by a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approveIRBA or a Verification Agency accredited by SANAS.
5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate.
rtium or joint venture will qualify for points for their B-BBEE status level as 5.5 A trust, conso entity, provided that the entity
5
terms of the specialized sc 5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-
and ability to execute the sub-contract. contractor is an EME that has the capability .8 A person awarded a contract may not sub tract more than 25% of the value of the contract to any other 5
nterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the ontract is sub-contracted to an EME that has the capability and ability to execute the ub-contract.
5N
n must complete the following:
.
l of Contribution: …………. = ……………(maximum of 10 or 20 points)
1 must be in accordance with the table in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate
Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).
NTRACTING
ortion of the contract be sub-contracted? YES / NO (delete which is not applicable)
(i) what percentage of the contract will be subcontracted? . ( r? ………………………………………………………….. ( e sub-contractor?
e sub-contractor is an EME? YES / NO (delete which is not
: Y/ FIRM
Company
…………
……… .................... ……… .. ..............................................................................................................................................
6. BID DECLARATIO
6.1 Bidders who claim points in respect of B-BBEE Status Level of Contributio 7 B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND 5.1 7.1 B-BBEE Status Leve
(Points claimed in respect of paragraph 7.reflected issued by a Verification Agency accredited by SANAS or a
8 SUB-CO 8.1 Will any p
8.1.1 If yes, indicate:
...........……………….…% ii) the name of the sub-contracto
th iii) the B-BBEE status level of …………….. (iv) whether thapplicable) 9 DECLARATION WITH REGARD TO COMPANY/FIRM 9.1 Name of company/firm .............................................................................................. : 9.2 VAT registration number :............................................................................................. 9.3 Company registration number …………………………………………………………………….
9.4 TYPE OF COMPAN
Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation
(Pty) Limited TICK APPLICABLE BOX] [ 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
.. .................................................................................................................................................. …….........................................................................................................................…
… … 9.6 COMPANY CLASSIFICATION
6Man rer
al service provider
ufactu Supplier Profession Other service providers, e.g. transporter, etc.
Total number of ye m has been in business? ……………………………………
.8 I/w , the un ignthat the points clai h 7 of the foregoing ceacknowledge that:
(i) The infor (ii) T pref ith the General Conditions as
i ated
(ii vent of a contract being awarded as a result of points claimed as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;
u
(a) disqualify the person from the bidding process;
ages it has incurred or suffered as a result of that
ers and directors any organ of
the audi alteram partem (hear the other side) rule has been applied; and (e) forward the matter for criminal prosecution
WITNESSES:
1. ……………………………………… …………………………………… SIGNATURE(S) OF BIDDER(S) 2. ……………………………………… DATE:………………………………..
ICK APPLICABLE BOX] [T
ars the company/fir9.7 9 e ders ed, who is / are duly authorised to do so on behalf of the company/firm, certify
med, based on the B-BBE status level of contribution indicated in paragraprtificate, qualifies the company/ firm for the preference(s) shown and I / we
mation furnished is true and correct;
he erence points claimed are in accordance wndic in paragraph 1 of this form.
i) In the e
s level of contrib (iv) If the B-BBEE statu tion has been claimed or obtained on a fraudulent
basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –
(b) recover costs, losses or dam
person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result of
having to make less favourable arrangements due to such cancellation;
(d) restrict the bidder or contractor, its shareholders and directors, or only the sharehold who acted on a fraudulent basis, from obtaining business from state for a period not exceeding 10 years, after
7 ADDRESS:………………………….. ….……………………………… ……………………………………….
SBD 8
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT
PRACTICES
1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when
goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.
3 The bid of any bidder may be disregarded if that bidder, or any of its
directors have-
a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such
system; or c. failed to perform on any previous contract.
4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s Database
of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule
as applied). w The Database of Restricted Suppliers now resides on the National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at he bottom of the home page. t
Yes
No
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.
Yes
No
4.2.1 I f so, furnish particulars:
4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?
Yes
No
4.3.1 I f so, furnish particulars:
4.4
Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?
Yes
No
4.4.1 I f so, furnish particulars:
SBD 8
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME)…………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT,
ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………………... ………………………….. Signature Date
………………………………………. ………………………….. Position Name of Bidder
Js365bW
SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an
agreement between, or concerted practice by, firms, or a decision by an association of
firms, if it is between parties in a horizontal relationship and if it involves collusive
bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot
be justified under any grounds.
3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:
a. disregard the bid of any bidder if that bidder, or any of its directors have abused
the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.
b. cancel a contract awarded to a supplier of goods and services if the supplier
committed any corrupt or fraudulent act during the bidding process or the execution of that contract.
4 This SBD serves as a certificate of declaration that would be used by institutions to
ensure that, when bids are considered, reasonable steps are taken to prevent any form
of bid-rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9)
must be completed and submitted with the bid:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.
1
SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
______________________________________________________________________ (Bid Number and Description)
in response to the invitation for the bid made by:
______________________________________________________________________ (Name of Institution)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf
of:_______________________________________________________that: (Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not
to be true and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying
bid, on behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by
the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the
word “competitor” shall include any individual or organization, other than the bidder,
whether or not affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on
their qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same
line of business as the bidder
2
SBD 9
6. The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium³ will not be construed
as collusive bidding.
7. In particular, without limiting the generality of paragraphs 6 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market
allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and
conditions of the bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or
arrangements with any competitor regarding the quality, quantity, specifications and
conditions or delivery particulars of the products or services to which this bid invitation
relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the
bidder, directly or indirectly, to any competitor, prior to the date and time of the official
bid opening or of the awarding of the contract.
³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
3
SBD 9
10. I am aware that, in addition and without prejudice to any other remedy provided to
combat any restrictive practices related to bids and contracts, bids that are suspicious
will be reported to the Competition Commission for investigation and possible imposition
of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998
and or may be reported to the National Prosecuting Authority (NPA) for criminal
investigation and or may be restricted from conducting business with the public sector
for a period not exceeding ten (10) years in terms of the Prevention and Combating of
Corrupt Activities Act No 12 of 2004 or any other applicable legislation.
………………………………………………… …………………………………
Signature Date
…………………………………………………. …………………………………
Position Name of Bidder Js914w 2
4
INFORMATION SESSION CERTIFICATE
This is to certify that the company………………………………………… attended a briefing session at Protea Hotel on 17 July 2013. _____________________________________________ ______________ Signed for the DPSA Date _____________________________________________ ______________ Signed for the Bidder Date NB: THIS CERTIFICATE MUST BE SIGNED BY BOTH PARTIES AND
MUST FORM PART OF THE BID DOCUMENT
THE DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION
BID CHECK LIST
Have you submitted a valid Tax Clearance Certificate? (Failure to submit a valid Tax Clearance Certificate may result in the invalidation of your bid)
YES NO
In case of consortium, have all parties to the consortium/joint venture submitted a valid Tax Clearance Certificate? (Failure to submit a valid Tax Clearance Certificate for each party of the consortium/joint venture WILL result in the invalidation of your bid)
YES NO
Is the SBD 6.1 form signed by the duly authorized person? (Failure to sign the SBD 6.1 will result in the invalidation of your bid)
YES NO
Are the following forms completed and/or signed?
1. SBD 1 2. SBD 3.3
3. Declaration of Interest (SBD 4) 4. SBD 6.1
5. SBD 8 6. SBD 9 7. Information session certificate
YES NO
………………………………………. …………………………….. Signature Date:
TERMS OF REFERENCE:
FEASIBILITY STUDY FOR THE DEVELOPMENT OF A GOVERNMENT EMPLOYEES HOUSING SCHEME
(GEHS)
CLOSING DATE: 26TH JULY 2013
CLOSING TIME: 11H00
DELIVERY ADDRESS: THE DPSA, GROUND FLOOR TENDER BOX, BATHO PELE HOUSE, 116 JOHANNES RAMOKHOASE STREET, PRETORIA, 0001
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TABLE OF CONTENTS
1 INTRODUCTION 4
2 BACKGROUND 4
3 SCOPE AND EXTENT OF WORK 4
3.1 Purpose of the Assignment 4
3.2 Assignment Objectives 5
3.3 Reporting Arrangements, Time frames and Assignment Deliverables 5
3.4 Appointment, Commencement and Duration of Assignment 8
3.5 Payment Schedule 8
4 GENERAL SUBMISSION, CONDITIONS, INSTRUCTIONS AND INFORMATION
8
4.1 General Requirements 8
4.2 Submission of Proposals 8
4.3 Late Bids 9
4.4 Withdrawal or Modification of Bids 10
4.5 Provisions Relating to Subcontractors and Consortiums 10
4.6 Acceptance/Rejection of Bids 11
4.7 Proposal Cost 11
4.8 Presentation 11
4.9 Format of Technical Proposal 11
4.10 Format of Financial Proposal 13
5 EVALUATION CRITERIA 14
5.1 The Evaluation Phase 14
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5.2 The Adjudication Phase 15
6 SELECTION CRITERIA 15
7 COMMERCIAL OBLIGATION 17
7.1 Contracting 17
7.2 Material Rights 17
7.3 Confidentiality 17
7.4 Intellectual Property 17
8 CONTACT DETAILS 18
8.1 SCM Enquiries 18
8.2 Technical Enquiries 18
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1. INTRODUCTION
1.1 The Department of Public Service and Administration (DPSA) intends procuring the services of a Service Provider in the housing and financial services industry to conduct a feasibility study underpinned by a robust business case for the development of the Government Employees Housing Scheme (GEHS).
2. BACKGROUND
2.1 The State as Employer in the public service and Employee Unions under the auspices of the Public Service Coordinating Bargaining Council (PSCBC) have agreed to develop and present a comprehensive GEHS that ensures home ownership for all levels of employees within the public service.
2.2 The agreement emerged against the backdrop of increased demands for housing allowance benefits by unions and a cost concern by Government that the escalating costs of the housing allowance are unsustainable and have hitherto not translated into home ownership. Statistics indicate that of a total of 975 538 public service employees who receive the housing allowance, only 372 234 or 28% actually own a house.
2.3 The current annual cost of the housing allowance to the fiscus is estimated at R11bn. The benefit is granted to employees as part of their conditions of service and is currently capped at R900 per month for qualifying employees, irrespective of employee rank.
2.4 PSCBC Resolution 4 of 2010 envisages that the GEHS should assist employees to become home owners by mobilising public investments, including the Government Employees Pension Fund (GEPF) in the Scheme to:
2.4.1 Access affordable housing;
2.4.2 Access housing finance; and
2.4.3 Rent houses with a view to purchase.
3. SCOPE AND EXTENT OF WORK
3.1 PURPOSE OF THE ASSIGNMENT
3.1.1 The DPSA has conducted preliminary work in relation to concepts of the envisaged GEHS however the need exists to conduct a feasibility study underpinned by a robust business case for the development of the GEHS.
3.1.2 Therefore the purpose of the assignment is to conduct a feasibility study underpinned by a robust business case on the development of a GEHS.
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3.2 ASSIGNMENT OBJECTIVES
3.2.1 The Terms of Reference (TOR) objectives of the feasibility study are the following:
3.2.1.1 The feasibility of setting up a GEHS underpinned by a robust business case to advance home ownership among government employees at all levels;
3.2.1.2 Conceptualisation of such a Scheme with various options;
3.2.1.3 Cost-benefit analysis of the Scheme to the Employer;
3.2.1.4 Financial sustainability and viability paying specific attention to the following aspects:
i. Market viability; ii. Technical viability; iii. Business model viability including possible partnerships
with the private sector (developers & financiers) and other public entities (development finance institutions (DFIs), municipalities etc.) that would enhance the effectiveness of the housing scheme;
iv. Determine how the GEHS can also leverage other financial instruments such as the Finance Linked Individual Subsidy Programme (FLISP) and the planned Mortgage Default Insurance (MDI) product expected to be launched by the National Housing Finance Corporation (NHFC) SOC Limited;
v. Best practice (desk top study) on effective public housing schemes in developing and developed economies;
vi. Management Model viability (Governance structure and form of the scheme);
vii. Economic and financial model viability; and viii. Exit strategy viability.
3.3 REPORTING ARRANGEMENTS, TIME FRAMES AND ASSIGNMENT DELIVERABLES
3.3.1 The bidder must produce the following deliverables in the form of a comprehensive report (with detailed findings and executive summary) that covers:
3.3.1.1 A work-plan;
3.3.1.2 On-going fortnightly (two-weekly) progress reviews /updates to the Project Manager;
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3.3.1.3 A market viability report with due consideration to, among others, the results of the market survey conducted. The successful bidder will be provided with a copy of the market survey results;
3.3.1.4 Technical viability report; 3.3.1.5 Management model viability report;
3.3.1.6 Economic and financial model viability;
3.3.1.7 Critical risk factors;
3.3.1.8 Exit strategy viability;
3.3.1.9 Implementation Plan;
3.3.1.10 Complexity of the project;
3.3.1.11 Legal analysis of options/solutions with due consideration to among others the findings and recommendations in the GEHS Products Report. The successful Service Provider will be provided with a copy of this report; and
3.3.1.12 Regulatory matters that may impact on the ability to deliver
3.3.2 The Service Provider will report directly to the Project Manager in the DPSA,
namely the Chief Director: Conditions of Service, for the purposes of this project. The Service Provider must appoint a coordinator for the project who will be responsible for liaising with the DPSA for the duration of the project.
3.3.3 The DPSA will liaise with the Service Provider through the fortnightly meetings and
by telephone or email as the need arises.
3.3.4 The first draft of the feasibility study and business case on the establishment of the GEHS must be completed and submitted to the DPSA by 11 November 2013. The report must include the findings and make clear recommendations on the establishment of the GEHS. The DPSA shall study the draft report and provide feedback to the Service Provider by 25 November 2013 for capturing in the final report which must be submitted by 29 November 2013.
3.3.5 The final report must be inclusive of the under-mentioned milestones during the contract period:
3.3.5.1 Over and above the high level work-plan that should be included
in the bid proposal, the bidder shall within a maximum period of fourteen (14) days of being awarded the contract submit a detailed project plan outlining but not limited to–
Page 7 of 18
i. the detailed work-plan with clear time frames; ii. the methodology to be followed; iii. the specific tasks to be performed, etc
3.3.5.2 A project meeting to discuss possible concerns/changes to the
detailed work plan.
3.3.6 The Service Provider shall be available for a period of three (3) months after 29 November 2013, should the need arise, to render technical support relevant to the project.
3.3.7 The Service Provider shall submit a reporting framework for the approval of the
DPSA, which should contain at least the following focus areas. The final report shall be supplemented with an executive summary:
3.3.7.1 A market viability report with due consideration to, among others,
the results of the market survey conducted. The successful bidder will be provided with a copy of the market survey results;
3.3.7.2 Technical viability report;
3.3.7.3 Management model viability report;
3.3.7.4 Economic and financial model viability;
3.3.7.5 Critical risk factors;
3.3.7.6 Exit strategy viability;
3.3.7.7 Implementation Plan;
3.3.7.8 Complexity of the project;
3.3.7.9 Legal analysis of options/solutions with due consideration to among others the findings and recommendations in the GEHS Products Report. The successful bidder will be provided of a copy of this report; and
3.3.7.10 Regulatory matters that may impact on the ability to deliver.
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3.4 APPOINTMENT, COMMENCEMENT AND DURATION OF ASSIGNMENT
3.4.1 The bidder will be expected to commence after signing of the contract the duration of which will be no longer than two (2) months. The draft report must be submitted by 11 November 2013. The final report must be submitted by 29 November 2013.
3.5 PAYMENT SCHEDULE
3.5.1 The DPSA shall within two weeks of receipt of the final report assure itself of the quality of the report and once the DPSA is satisfied with the quality of the final report the payment of the price will commence.
4. GENERAL SUBMISSION, CONDITIONS, INSTRUCTIONS AND INFORMATION
4.1 General Requirements
4.1.1 Bidders are to take note of the implications of contravening the Prevention and Combating of Corrupt Activities Act, Act No 12 of 2004 and any other Act applicable.
4.1.2 The Department of Public Service and Administration issues this TOR.
4.1.3 A compulsory briefing session will be held on 17 July 2013 at 10:00 at the Protea Hotel Manor, C/O Burnett & Festival streets, Hatfield, Pretoria. Failure to submit the certificate of attendance of the compulsory briefing session will result in the disqualification of a bid.
4.1.5 Questions of clarity will be dealt with strictly in writing. Bidder may forward written questions for clarity related to the meaning or interpretation of any part of the terms of reference or any other aspect concerning the bid for the attention of Ms R de Wit by e-mail, by not later than midnight on 12 July 2012. A global response to all questions will be provided by e-mail within three (3) working days to all Bidders who posted questions of clarity.
Questions of clarity could be forwarded to the following e-mail address: E-mail address: [email protected].
4.2 SUBMISSION OF PROPOSALS
4.2.1 Bidders must submit a complete response to this TOR to the DPSA, Ground Floor (Directorate Supply Chain Management) Batho Pele House, 116 Johannes Ramokhoase Street, Pretoria by not later than 11:00 on 26 July 2013.
4.2.2 No other distribution of proposals is to be made by the Bidder. The proposal must
include a statement as to the period during which the proposal remains valid. The
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proposals must be valid for a period of three (3) months from the due date for responses to be submitted.
4.2.3 This is a two-stage bidding process in which two separate proposals must be
submitted: one for technical and another for price. Failure to submit two (2) proposals will result in the bid being disqualified. For this purpose the Bidder must provide in respect of both technical and price proposal: one (1) original plus five (5) hard copies plus one (1) electronic copy of the bid. The technical proposal must be in MS Word and the price proposal in MS Excel. The price proposal both original and copies must be sealed! The sealed price bid sheet should include the following information:
4.2.3.1 Name of Bidder 4.2.3.2 Certification that the person signing the proposal is entitled to
represent the Bidder, empowered to submit the bid and authorized to sign a contract with the DPSA.
4.2.3.3 A fixed price consistent with auditing standards at that time for the
project. 4.2.4 NB: Bidders must clearly indicate on the cover of each document whether it is the
original version or a copy. The original version must be signed in ink. 4.2.5 Economy of Proposal Preparation: Each proposal should be prepared simply and
economically, providing a straightforward, concise description of the Bidder’s ability to meet the requirements of the TOR. Excessive proposal preparation will receive no extra evaluation credit. Emphasis should be on a clear, concise and factual proposal.
4.2.6 The above will become the property of the DPSA and shall not be returned to the
Bidder. 4.2.7 Receipt of all tender proposals will be recorded in a register at the point of receipt.
4.3 LATE BIDS 4.3.1 Bids received late will not be considered. The tender box shall be locked at exactly
11:00 and bids arriving late will not be considered under any circumstances. Bids received late shall where possible, be returned to the Bidder, and unopened. Bidders are therefore strongly advised to ensure that bids be dispatched allowing enough time for any unforeseen events that may delay the delivery of the bid.
4.3.2 The official Telkom time (Dial 1026) will be used to verify the exact closing time. 4.3.3 Bids sent via any other means than hand delivery shall be deemed to be received
on the date and time of arrival at the dpsa premises. Bids received at the physical
Page 10 of 18
address after the closing date and time of the bid, shall therefore be deemed to be received late.
4.4 WITHDRAWAL OR MODIFICATION OF BIDS
4.4.1 Any Bidder who submits a proposal in response to this TOR will have the right to withdraw, modify or correct a proposal after delivery thereof provided that the request for such withdrawal, modification or correction, together with the full details of such modification or correction must be received by the DPSA at the address provided above before the closing date stipulated for the receipt of proposals. Failure to do so before the closing date and time as stipulated, will result in the bid being considered as a late bid and be returned unopened to the Bidder.
4.5 PROVISIONS RELATING TO SUBCONTRACTORS AND CONSORTIUMS
4.5.1 A Bidder whose proposals are accepted will be required to assume responsibility for all services required in terms of this TOR, whether or not such services are subcontracted to a third party, it being specifically recorded that any agreements concluded pursuant to this TOR will be concluded only with the successful Bidder. Further, the DPSA will consider the Bidder whose proposals are accepted to be the sole point of contact with regard to all services contemplated in this TOR, including payment of all charges resulting from the provision of such services.
4.5.2 If it is considered in a proposal submitted that any of the services (in whole or in
part) contemplated in this TOR are to be subcontracted, such proposal must include the following information:
4.5.2.1 List of all subcontractors. 4.5.2.2 Subcontractor name and address.
4.5.2.3 Complete description of work to be subcontracted.
4.5.2.4 Descriptive information concerning the subcontractor’s
organisation.
4.5.2.5 References of each subcontractor.
4.5.2.6 The original tax clearance certificate issued by the South African Revenue Services for each subcontractor.
4.5.3 The DPSA shall have the right to approve or not to approve subcontractors for any portion of services required under this TOR and to require the Bidder whose proposals were accepted to replace subcontractors found to be unacceptable. The Bidder whose proposal is accepted is responsible for adherence by the subcontractor to all provisions of any agreements concluded pursuant to this TOR. In addition, the activities performed by all subcontractors must be integrated with
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the operations/location of the Bidder whose proposal is accepted, such that the DPSA perceives a single service entity from an operational point of view.
4.5.4 A number of Bidders may respond to the TOR as a consortium in order to provide the capabilities to address all the service requirements of the DPSA. Should this be the case, there must be a single point of contact with regard to contractual matters, including payment of all charges resulting from the anticipated contract. It is further recorded that all such Bidders shall be jointly and severally liable for all obligations and liabilities arising from any agreements concluded pursuant to this TOR.
4.6 ACCEPTANCE/REJECTION OF BIDS
4.6.1 The DPSA reserves the right not to award the bid/project/contract. 4.6.2 With due consideration to the above, a proposed draft contract is included in the
TOR. Bidder(s) are invited to peruse the proposed draft contract and, where applicable, provide written feedback as part of their response to this TOR. The DPSA reserves the right to incorporate changes to the proposed draft contract with the preferred Bidder, if any. The final contract to be concluded shall be amplified taking into account all relevant proposals.
4.7 PROPOSAL COST
4.7.1 Respondents shall bear all costs incurred in the process of responding to the TOR and in any subsequent negotiations.
4.8 PRESENTATION
4.8.1 Shortlisted Bidders shall be expected to make a presentation of a maximum of 30 minutes to the Bid Evaluation Committee. The presentation should be focused solely on the requirements of the TOR. The bidder should also be able to answer questions related to any aspect related to the bid proposal.
4.8.2 The DPSA will notify the bidder of the date, time and venue where the presentation must be made.
4.9 FORMAT OF TECHNICAL PROPOSAL
4.9.1 Bidders must prepare and package their bid proposals and all related documents in accordance with the following framework. A bidder’s proposal must be clear, factual and to the point. Brochures and other marketing material as a response to this TOR will not be accepted. All matters addressed in the TOR must be responded to. Should a Bidder wish to provide additional information, the said information must be appended to the specific section of the proposal to which it pertains and/or be referred to and included in a file of annexures.
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4.9.2. The Technical Proposal must include the following:
4.9.2.1 Service Provider Experience
i. Description of the housing finance and financial services experience rendered to current customers
ii. List of current customers and their locations iii. List of contacts within these customers iv. Notation as to which customers would be available for site
visits/reference details v. Public Sector clients vi. Companies with geographically dispersed locations vii. The size, industry and products of these customers must be
described as well as the types of services provided. viii. The date of service to each customer
4.9.2.2 Service Provider Capabilities
i. Description of experience in the housing finance and financial services industry.
ii. Description of experiences in the Public Sector (within this context it refers to the three spheres of Government, i.e. national, provincial and local authorities (municipalities)) and the housing finance and financial services industry, both nationally and internationally (if applicable).
iii. Description of current infrastructures, including, but not limited to staffing numbers.
iv. Description of current employers who are presently clients of the Bidders, including, but not limited to the number of employees of each of the employers.
v. Change management and project management skills: vi. Change management practices vii. Project management practices viii. Formal methodologies employed (if any) ix. Expertise in legislative and regulatory framework within
which the Public Service functions, e.g. the Public Finance Management Act, the Public Service Act, General Pensions Act, etc.
4.9.2.3 Service Provider Background and History
i. Date that the firm was founded ii. Historical background iii. Revenue history of the firm iv. Certificate of Financial Soundness including audited
financial statements for the last three years.
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v. Services provided by the bidder vi. Applicable comprehensive CV’s of all project team
members.
4.9.2.4 General Issues
i. Any ISO9000/9001 certifications or commitment to obtaining certifications.
ii. Outstanding/current contractual obligations and liabilities. iii. Major litigation against the company, abnormal contractual
obligations and liabilities. iv. Investment in appropriate human resources capacity and
development of current personnel to support implementations and development.
4.10 FORMAT OF FINANCIAL PROPOSAL
4.10.1. The sealed bid sheet should include the following:
4.10.1.1 Name of the Bidder. 4.10.1.2 Total Price for the Project, inclusive of VAT, the person-days and
rate for each resource on the team per hour. Only fixed price for the Financial Proposals will be accepted.
4.10.1.3 Only the price proposals of shortlisted Bidders will be opened and considered.
4.10.1.4 Each proposal should be prepared simply and straightforwardly with concise description of the Bidder’s ability to meet the requirements of the TOR.
4.10.1.5 Project Cost Calculation (itemised), derived from the work
content.
4.10.1.6 The DPSA undertakes to pay all fully substantiated invoices issued in terms of this appointment within thirty (30) days of receipt. No payment will be made if there is information outstanding, or if the report does not meet the quality requirements, and
4.10.1.7 The submitted proposals will become the property of the DPSA and shall not be returned.
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5. EVALUATION CRITERIA
Bids will be subjected to the evaluation and adjudication process and selection criteria described hereunder:
5.1 THE EVALUATION PHASE
The evaluation phase consists of two (2) secondary phases namely the Minimum Mandatory Criteria Evaluation Phase and the Substantive Evaluation Phase
5.1.1 Minimum Mandatory Criteria Evaluation Phase
5.1.1.1 During this phase, the bids shall be subjected to a technical evaluation, i.e. whether bids meet the minimum compulsory criteria or not.
5.1.1.2 A report on the findings will be submitted to the Bid Evaluation Committee (BEC) for consideration.
5.1.1.3 Any bid not meeting the compulsory minimum requirements shall be excluded from further adjudication processes. To this end the following compulsory minimum requirements apply:
i. Proposal valid for at least three (3) months ii. Proposal signed by the designated responsible person iii. Original and valid Tax clearance certificate included iv. Valid Broad Based Black Economic Empowerment Status
Level Certificate v. Original signed briefing session certificate vi. Audited financial statements for last three years, including
balance and income sheets vii. List of similar successful implementations viii. Comprehensive CV’s included of personnel used by
company ix. Technical and Price proposals to be submitted separately. x. High Level implementation plan included xi. Company history xii. Compliance with sub-contracting rules defined in TOR xiii. Able to meet defined deadlines xiv. Current client list
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5.1.2 Substantive Evaluation Phase
5.1.2.1 The BEC will conduct the technical evaluation. The BEC will be an inclusive panel comprising representatives from the DPSA, one (1) representative each from the Department of Human Settlements and National Housing Finance Corporation respectively.
5.1.2.2 The report from the Minimum Mandatory Criteria Evaluation Phase will be presented to the BEC and a final decision taken on the exclusion of the non-complying bids.
5.1.2.3 The Bid proposals shall be evaluated individually on score sheets by the BEC according to the evaluation criteria indicated in the terms of reference. All Bidders who score less than 65 out of 100 points for functionality will not be considered further. The BEC shall prepare a short list of preferred Bidders based on the outcome of the evaluation process.
5.1.2.4 The short listed Bidders shall be summonsed to conduct a presentation on their bid to the BEC. The BEC shall score the presentations of the Bidders.
5.1.2.5 If a need is identified, the BEC may assign a team to conduct a site visit to all short listed Bidders’ offices.
5.2 THE ADJUDICATION PHASE
5.2.1 The reports from both the BEC and auditors shall be submitted for adjudication by the DPSA’s BAC to ensure the process transparency, fairness and impartiality of the process.
5.2.2 The DPSA BAC shall, based upon their findings, prepare a report with
recommendations to the Director-General of the DPSA on the appointment of the Bidder.
6. SELECTION CRITERIA 6.1 This bid is expected to exceed R 1 000 000 and therefore the 90/10 preference point
system shall be applicable.
6.2 Bidders shall be evaluated on functionality. The bidder that scores points which exceed the minimum threshold provided on functionality will further be evaluated on price and on Broad Based Black Economic Empowerment Status Level Certificates provided in terms of the Preferential Procurement Policy Framework, Act 5 of 2000 and Regulations of 2011.
6.3 B-BBEE Status level contributor (10)
Number of points (90/10 system) 1 10 2 9
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3 8 4 5 5 4 6 3 7 2 8 1
Non-compliant contributor 0
6.4 The following criteria will be used in particular as the criteria for appointment, apart from those laid down in the Preferential Procurement Regulations, 2011, pertaining to the Preferential Procurement Policy Framework Act 5 of 2000:
1 = poor 2 = fair 3 = good 4 = very good 5 = excellent
CRITERIA
GUIDELINES FOR CRITERIA APPLICATION
WEIGHT
Proven experience and expertise of the bidder.
Organisational track record. General expertise in housing finance and Financial
Services. Experience in the South African and International
Markets. Expertise in developing housing schemes. Experience in research relating to housing schemes
and development of similar products. Experience in Public Entities subject to PFMA. Understanding/experience in providing services to
the Public Service/Local Government Sector Qualification and experience of team members
including comprehensive CVs of all project team members.
Capacity to take on project of this size and ability to manage it to the end within the prescribed project time lines
Industry relationships and in particular, relationship with affected institutions and ability to negotiate the intended deliverables on behalf of the project team.
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7. COMMERCIAL OBLIGATIONS
7.1 Contracting
The Contract in respect of the assignment will be signed between the Service Provider and the Department of Public Service and Administration (DPSA).
7.2 Material Rights
The product of this Funding Plan will be confidential information which will be the property of the DPSA and no disclosure of information to other parties may be made without prior written approval of the DPSA.
7.3 Confidentiality
7.3.1 Bidders shall hold the TOR and all information related to the Bid in strict confidence and usage of such information shall be limited to the preparation of the Bid. Bidders shall undertake to limit the number of copies of this document.
Understanding and conceptualization of the assignment (technical approach and procedures
Appropriateness and quality of proposed workplan methodology
Proposed methodology and approach. Level of clarity. Project management experience Interpretation of the project objectives, the TOR and
implementation methods Feasibility and alignment of proposed methodology
with required outputs. A complete set of clearly defined milestones, which
depict the actual phase of the project and the time it will take to complete each phase
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General Issues Outstanding or current contractual obligations and liabilities that could potentially impact on this project
Major litigation against the company, abnormal contractual obligation and liabilities
Historical Background of the firm Sub-contracting and consortiums Tax standing
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TOTAL POINTS ON FUNCTIONALITY MUST ADD UP TO 100
100
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7.3.2 Upon award, all Service Providers are bound by this confidentiality provision preventing the unauthorized disclosure of any of the information contained in the above documents to other organisations or individuals. The Service Providers may not disclose any information or documentation to other organisations or individuals.
7.4 Intellectual Property
Copyright of all documents belongs to the DPSA. A Bidder may not use or disclose any information, documentation or products to other clients without the written consent of the DPSA.
8. CONTACT DETAILS
8.1 SCM Enquiries:
Ms Lorraine Masenya or Fikile Maseko
Tel: 012 - 336 1126 or 012 – 336 1216
8.2 Technical Enquiries:
Ms Rene de Wit
Email: [email protected].
o Any request for clarification must be submitted by e-mail to the contact person.
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Annexure A
GOVERNMENT PROCUREMENT
GENERAL CONDITIONS OF CONTRACT
NOTES The purpose of this document is to:
(i) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and (ii) To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government.
In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter.
• The General Conditions of Contract will form part of all bid documents and may not be amended.
• Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if (applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.
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TABLE OF CLAUSES 1. Definitions 2. Application 3. General 4. Standards 5. Use of contract documents and information; inspection 6. Patent rights 7. Performance security 8. Inspections, tests and analysis 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Contract amendments 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Dumping and countervailing duties 25. Force Majeure 26. Termination for insolvency 27. Settlement of disputes 28. Limitation of liability 29. Governing language 30. Applicable law 31. Notices 32. Taxes and duties
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General Conditions of Contract
1. Definitions
1. The following terms shall be interpreted as indicated: 1.1 “Closing time” means the date and hour specified in the bidding
documents for the receipt of bids. 1.2 “Contract” means the written agreement entered into between the
purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
1.3 “Contract price” means the price payable to the supplier under the
contract for the full and proper performance of his contractual obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting
of any thing of value to influence the action of a public official in the procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. 1.6 “Country of origin” means the place where the goods were mined,
grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.
1.7 “Day” means calendar day. 1.8 “Delivery” means delivery in compliance of the conditions of the
contract or order. 1.9 “Delivery ex stock” means immediate delivery directly from stock
actually on hand. 1.10 “Delivery into consignees store or to his site” means delivered and
unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods
on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA.
1.12 ”Force majeure” means an event beyond the control of the supplier and
not involving the supplier’s fault or negligence and not foreseeable.
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Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.
1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all of the equipment, machinery, and/or other materials
that the supplier is required to supply to the purchaser under the contract.
1.16 “Imported content” means that portion of the bidding price represented
by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured.
1.17 “Local content” means that portion of the bidding price which is not
included in the imported content provided that local manufacture does take place.
1.18 “Manufacture” means the production of products in a factory using
labour, materials, components and machinery and includes other related value-adding activities.
1.19 “Order” means an official written order issued for the supply of goods
or works or the rendering of a service. 1.20 “Project site,” where applicable, means the place indicated in bidding
documents. 1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. 1.24 “Services” means those functional services ancillary to the supply of
the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.
1.25 “Written” or “in writing” means handwritten in ink or any form of
electronic or mechanical writing.
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2. Application
2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents.
2.2 Where applicable, special conditions of contract are also laid down to
cover specific supplies, services or works. 2.3 Where such special conditions of contract are in conflict with these
general conditions, the special conditions shall apply.
3. General 3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged.
3.2 With certain exceptions, invitations to bid are only published in the
Government Tender Bulletin. The Government Tender Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from www.treasury.gov.za
4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the
bidding documents and specifications.
5. Use of contract documents and information; inspection.
5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.
5.2 The supplier shall not, without the purchaser’s prior written consent,
make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract.
5.3 Any document, other than the contract itself mentioned in GCC clause
5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.
5.4 The supplier shall permit the purchaser to inspect the supplier’s records
relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.
6. Patent rights 6.1 The supplier shall indemnify the purchaser against all third-party
claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser.
7. Performance security
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC.
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7.2 The proceeds of the performance security shall be payable to the
purchaser as compensation for any loss resulting from the supplier’s failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the currency of the
contract, or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a
reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or
(b) a cashier’s or certified cheque 7.4 The performance security will be discharged by the purchaser and
returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in SCC.
8. Inspections, tests and analyses
8.1 All pre-bidding testing will be for the account of the bidder. 8.2 If it is a bid condition that supplies to be produced or services to be
rendered should at any stage during production or execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of the Department or an organization acting on behalf of the Department.
8.3 If there are no inspection requirements indicated in the bidding
documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned.
8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3
show the supplies to be in accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.
8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not
comply with the contract requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier.
8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and
which do not comply with the contract requirements may be rejected. 8.7 Any contract supplies may on or after delivery be inspected, tested or
analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with
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supplies which do comply with the requirements of the contract. Failing such removal the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the
purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC.
9. Packing 9.1 The supplier shall provide such packing of the goods as is required to
prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.
9.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the purchaser.
10. Delivery and documents
10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract. The details of shipping and/or other documents to be furnished by the supplier are specified in SCC.
10.2 Documents to be submitted by the supplier are specified in SCC.
11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC.
12. Transportation 12.1 Should a price other than an all-inclusive delivered price be required,
this shall be specified in the SCC.
13. Incidental services
13.1 The supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC:
(a) performance or supervision of on-site assembly and/or
commissioning of the supplied goods; (b) furnishing of tools required for assembly and/or maintenance
of the supplied goods; (c) furnishing of a detailed operations and maintenance manual
for each appropriate unit of the supplied goods; (d) performance or supervision or maintenance and/or repair of
the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and
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(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in
the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.
14. Spare parts 14.1 As specified in SCC, the supplier may be required to provide any or all
of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the
supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and
(b) in the event of termination of production of the spare parts: (i) Advance notification to the purchaser of the pending
termination, in sufficient time to permit the purchaser to procure needed requirements; and
(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested.
15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are
new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 This warranty shall remain valid for twelve (12) months after the
goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in SCC.
15.3 The purchaser shall promptly notify the supplier in writing of any
claims arising under this warranty. 15.4 Upon receipt of such notice, the supplier shall, within the period
specified in SCC and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s)
within the period specified in SCC, the purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser may have against the supplier under the contract.
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16. Payment 16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified in SCC.
16.2 The supplier shall furnish the purchaser with an invoice accompanied
by a copy of the delivery note and upon fulfillment of other obligations stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case later
than thirty (30) days after submission of an invoice or claim by the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated in SCC.
17. Prices 17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the supplier in his bid, with the exception of any price adjustments authorized in SCC or in the purchaser’s request for bid validity extension, as the case may be.
18. Contract amendments
18.1 No variation in or modification of the terms of the contract shall be
made except by written amendment signed by the parties concerned.
19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior written consent.
20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all subcontracts
awarded under this contracts if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.
21. Delays in the supplier’s performance
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its
subcontractor(s) should encounter conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract.
21.3 No provision in a contract shall be deemed to prohibit the obtaining of
supplies or services from a national department, provincial department, or a local authority.
21.4 The right is reserved to procure outside of the contract small quantities
or to have minor essential services executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the supplies are required, or the supplier’s services are not readily available.
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21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the application of penalties.
21.6 Upon any delay beyond the delivery period in the case of a supplies
contract, the purchaser shall, without canceling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.
22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of
the goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23.
23. Termination for default
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within
the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;
(b) if the Supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract.
23.2 In the event the purchaser terminates the contract in whole or in part,
the purchaser may procure, upon such terms and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated.
23.3 Where the purchaser terminates the contract in whole or in part, the
purchaser may decide to impose a restriction penalty on the supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.
23.4 If a purchaser intends imposing a restriction on a supplier or any
person associated with the supplier, the supplier will be allowed a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard
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the intended penalty as not objected against and may impose it on the supplier.
23.5 Any restriction imposed on any person by the Accounting Officer /
Authority will, at the discretion of the Accounting Officer / Authority, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the Accounting Officer / Authority actively associated.
23.6 If a restriction is imposed, the purchaser must, within five (5) working
days of such imposition, furnish the National Treasury, with the following information: (i) the name and address of the supplier and / or person restricted by the
purchaser; (ii) the date of commencement of the restriction (iii) the period of restriction; and (iv) the reasons for the restriction. These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited from doing business with the public sector.
23.7 If a court of law convicts a person of an offence as contemplated in
sections 12 or 13 of the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register can be perused on the National Treasury website.
24. Anti-dumping and countervailing duties and rights
24.1 When, after the date of bid, provisional payments are required, or anti-dumping or countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the contractor to the State or the State may deduct such amounts from moneys (if any) which may otherwise be due to the contractor in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him
25. Force Majeure
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security,
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damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify
the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.
26. Termination for insolvency
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.
27. Settlement of Disputes 28. Limitation of liability
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute
or difference by such mutual consultation, then either the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party.
27.3 Should it not be possible to settle a dispute by means of mediation, it
may be settled in a South African court of law. 27.4 Mediation proceedings shall be conducted in accordance with the rules
of procedure specified in the SCC. 27.5 Notwithstanding any reference to mediation and/or court proceedings
herein, (a) the parties shall continue to perform their respective obligations
under the contract unless they otherwise agree; and (b) the purchaser shall pay the supplier any monies due the supplier. 28.1 Except in cases of criminal negligence or willful misconduct, and in
the case of infringement pursuant to Clause 6; (a) the supplier shall not be liable to the purchaser, whether in
contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and
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(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.
29. Governing language
29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties shall also be written in English.
30. Applicable law
30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified in SCC.
31. Notices 31.1 Every written acceptance of a bid shall be posted to the supplier
concerned by registered or certified mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting shall be deemed to be proper service of such notice
31.2 The time mentioned in the contract documents for performing any act
after such aforesaid notice has been given, shall be reckoned from the date of posting of such notice.
32. Taxes and duties
32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties,
license fees, etc., incurred until delivery of the contracted goods to the purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are
not in order. Prior to the award of a bid the Department must be in possession of a tax clearance certificate, submitted by the bidder. This certificate must be an original issued by the South African Revenue Services.
33. National Industrial Participation (NIP) Programme
33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all contracts that are subject to the NIP obligation.
General Conditions of Contract (revised February 2008)
